REGINA ONGSIAKO REYES V. COMMISSION ON ELECTIONS AND JOSEPH SOCORRO B.

TAN G.R. No. 207264 October 22, 2013, Perez, J.

A member of the House of Representatives becomes so, only upon a duly and legally
based proclamation

FACTS:
Regina Ongsiako Reyes won the elections and was proclaimed as the representative of
Marinduque. However, before the elections, Comelec cancelled her certificate of candidacy
for not being qualified to run for the position as she was not a Filipino citizen. Regina
opposed the jurisdiction of the Comelec alleging that it is the House of Representatives
Electoral Tribunal (HRET) that has exclusive jurisdiction to pass upon her qualifications.

ISSUE:
Whether or not the HRET has jurisdiction to look into Regina’s qualifications as
representative of Marinduque

RULING:
No. HRET’s constitutional authority opens, over the qualification of its member, who
becomes so, only upon a duly and legally based proclamation. HRET has exclusive and
original jurisdiction over the qualifications of its members. However, Regina’s proclamation
is not valid since prior to the elections, the decision of Comelec cancelling her certificate of
candidacy became final. Hence, there is no basis for her proclamation and thus she did not
become a member of the House of Representatives